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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING TOPSY LABS, INC.’S (“TOPSY”) WEBSITE OR SERVICES (“SERVICE”), YOU OR THE ENTITY THAT YOU REPRESENT (“YOU”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICE. TOPSY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.

Access to the Service. Subject to these Terms and Conditions, Topsy may offer to provide certain Services, solely for your own personal, non-commercial use, and not for the use or benefit of any third party. You shall not store any significant portion of any content including, without limitation, text, graphics, logos, icons, images, and video clips, retrieved by you on the Service in any form (“Content”). Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Topsy or from the copyright holder identified in such Content’s copyright notice.

Topsy may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Topsy may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Topsy reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Service, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes your acceptance of the terms and conditions of these Terms and Conditions as modified. Topsy reserves the right to remove any Content for any reason whatsoever. Specifically, Topsy may remove any Content uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws.

Copyright

As between you and Topsy, all Content, is the exclusive property of Topsy or its content suppliers and is protected by U.S. and international copyright laws. As between you and Topsy, the compilation (meaning the collection, arrangement, and assembly) of all Content is the exclusive property of Topsy and is also protected by U.S. and international copyright laws. The Content may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited.

Copyright Notice

Copyright © 2010 Topsy, Inc. All Rights Reserved.

Trademarks

“Topsy” and the Topsy logo are trademarks or registered trademarks of Topsy, Inc. All other trademarks mentioned in this Service are the property of their respective owners. The trademarks and logos displayed on this Service may not be used without the prior written consent of Topsy or their respective owners.

Patents

Portions, features and/or functionality of Topsy’s Service are protected under Topsy patents, as well as patents pending.

Other Policies

For information regarding Topsy’s treatment of personally identifiable information, please review Topsy’s current privacy policy at http://about.topsy.com/support/privacy. If you believe that material or content residing on or accessible through the Service infringes a copyright, please review Topsy’s Copyright Dispute Policy at http://about.topsy.com/support/copyright.

Restrictions

You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to use the Service. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Topsy user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

General Disclaimer

You acknowledge that Topsy has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you accesses via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you take as a result of having been exposed to the Content. The Service may contain, or direct you to sites containing, information that some people may find offensive, indecent, objectionable, offensive or otherwise inappropriate. All Content is the sole responsibility of the person from whom such Content originated. You, and not Topsy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through Topsy. Topsy does not control the Content posted and does not guarantee the accuracy or integrity of such Content. Topsy shall not be liable for any statements or conduct of any third party using the Service. Topsy will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Topsy makes no representations concerning any content contained in or accessed through the Service, and Topsy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. THIS SERVICE IS PROVIDED BY TOPSY ON AN “AS IS” BASIS. NEITHER TOPSY NOR ANY OF ITS LICENSORS OR PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOPSY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Mention of non-Topsy products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Indemnity

You will indemnify and hold Topsy, its parents, subsidiaries, affiliates, officers and employees, harmless from any liability, loss, damage, cost or expense (including attorneys’ fees and expenses) arising from or relating to any claim or demand made by any third party due to or arising out of your access to the Service or Content, use of the Service or Content, or the violation of these Terms and Conditions by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

Liability Limitation

NEITHER TOPSY NOR ITS LICENSORS WILL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF THE USE OR INABILITY TO USE THIS SERVICE, THE CONTENT OR ANY TOPSY PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF TOPSY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Websites

This Service may contain links to third party websites. Access to any other Internet website linked to this Service is at your own risk and Topsy is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Topsy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Topsy provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

Miscellaneous

Topsy may terminate or suspend access to the Service immediately, without prior notice or liability, if you breach any of these terms or conditions or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with Topsy’s prior written consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by or provided by Topsy on this site. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind Topsy in any respect whatsoever.